49. Hearing to be given before order under Sections 45 to 47 are passed.
(1)Before an order under Section 45, Section 46 or Section 47 is made against any person, the Commissioner shall by notice in writing inform him of the general nature of the material allegations against him and give him a reasonable opportunity of tendering an explanation regarding them.(2)If such person makes an application for the examination of any witness to be produced by him, the Commissioner shall grant such application and examine such witness, unless, for reasons to be recorded in writing, the Commissioner is of opinion that such application is made for the purpose of causing vexation or delay.(3)Any written explanation put in by such person shall be filed with the record of the case.(4)Such person shall be entitled to be represented in the proceeding before the Commissioner by a counsel.(5)(a)The Commissioner may, for the purpose of securing the attendance of any person against whom any order is proposed to be made under Section 45, Section 46 or Section 47, require such person, by order in writing to appear before him and to furnish a security bond with or without sureties for attendance during the inquiry.(b)The provisions of Sections 119 to 124 (both inclusive) of the Code of Criminal Procedure, 1973 shall, so far as may be, apply in relation to order under clause (a) to furnish security bond.(6)Without prejudice to the foregoing provisions, the Commissioner while issuing notice to any person under Sub-section (1) may issue a warrant for his arrest and the provisions of Sections 70 to 89 (both inclusive) of the Code of Criminal Procedure, 1973 shall, so far as may be, apply in relation to such warrant.(7)The Provisions of Section 445, Section 446, Section 447 or Section 448 of the Code of Criminal Procedure, 1973 shall, so far as may be, apply in relation to all bonds executed under this section.(8)The Commissioner in this section shall include an officer, not below the rank of Additional Commissioner, authorised by the Commissioner for this purpose and the orders passed by him shall be deemed to have been passed by the Commissioner.
